To donate by check, phone, or other method, see our More Ways to Give page.
In this world, where everything and everyone is for sale, we must sustain independent media we can trust. If you believe independent journalism is critical to protecting democracy and the common good, please support Common Dreams this Giving Tuesday! We wouldn't exist without you.
The Lawyers' Committee for Civil Rights Under Law and its pro bono counsel, Arnold & Porter LLP, filed suit this evening in federal court for the District of Maryland on behalf of the National Urban League, Common Cause and the League of Women Voters U.S.
The Lawyers' Committee for Civil Rights Under Law and its pro bono counsel, Arnold & Porter LLP, filed suit this evening in federal court for the District of Maryland on behalf of the National Urban League, Common Cause and the League of Women Voters U.S. against Postmaster General Louis DeJoy and the United States Postal Service, challenging actions intended to disrupt the 2020 election by making it more difficult for mail ballots to be delivered on time.
"Postmaster General Louis DeJoy has wreaked havoc across the country with reckless policies intended to disrupt the timely delivery of mail just weeks in advance of a general election," said Kristen Clarke, president and executive director of the Lawyers' Committee for Civil Rights Under Law. "Without question, DeJoy is weaponizing the United States Postal Service (USPS) to disenfranchise Americans who choose to vote by mail amid an unprecedented pandemic gripping the nation. We are filing this lawsuit to stop actions that were adopted unlawfully and that were intended to cause delays intended to disrupt the November election. DeJoy's statement vowing to suspend changes rings hollow in the absence of remedial action taken to address the damage that his actions have caused."
The suit alleges that DeJoy's actions in implementing President Trump's stated desire to undercut the delivery of mail ballots violates the constitutional right to vote because of the burden it places on voters choosing to vote by absentee ballot. The actions also violate the First Amendment, because they target voters who are intending to vote by mail and, the complaint claims, that DeJoy failed to follow the law which required him to submit his plans to the U.S. Postal Commission before implementing them, placing his actions outside the scope of his legal authority.
The lawsuit was filed along with pro bono counsel, Arnold & Porter LLP. The suit was filed on behalf of the National Urban League, Common Cause and the League of Women Voters U.S. against Postmaster General Louis DeJoy and the United States Postal Service.
"The drastic and disruptive changes to the Postal Service by the Trump administration have been an attack on every American's right to vote and their First Amendment right to free speech - and they must be rolled back definitively with more than just a press release," said Karen Hobert Flynn, President of Common Cause. "These efforts to undermine the effectiveness of the Postal Service under President Trump must ALL be rescinded. In the midst of a pandemic we need to know that ballot applications and ballots will be delivered in a timely manner so that every American will be able to make their voice heard on Election Day without having to choose between protecting their health and exercising their right to vote."
Less than a month after taking over as postmaster general on June 16, Louis DeJoy circulated an internal USPS memo alerting postal workers to prepare for difficult policy changes, citing an effort to reduce costs and improve efficiency. Changes that took effect July 13 included the elimination of overtime for postal workers; limits on other measures local postmasters use to ameliorate staffing shortages; limits on the number of stops individual mail trucks can make along a route; and instructions to leave mail behind to be delivered the following day rather than make multiple trips to ensure timely delivery as dictated by longstanding policy.
"As the Senate Intelligence Committee report released today reveals, the team surrounding President Trump has pushed the boundaries of voter suppression and interference in unprecedented ways," Marc H. Morial, President and CEO of the National Urban League. "We are determined that the Constitutionally-established institutions of our government will not be twisted into service of the President's reelection campaign, and we will not abandon those who depend upon the Postal Service for life-sustaining deliveries."
The effect on delivery time was felt almost immediately -- within weeks, voters and postal workers across the country were reporting noticeable delays, and election officials began instructing voters to drop their ballots off in person rather than return them by mail and risk their late arrival.
"The League supports the US Postal Service, one of our country's oldest and most trusted agencies. Yet, even with the supposed suspension of changes to USPS's system, the damage has already been done," said Virginia Kase, CEO of the League of Women Voters of the United States. "The distrust has been sown. Voters are left confused and uncertain as they navigate how to vote safely during a pandemic. We must not allow the proposed changes to USPS to be implemented, for this election or any future election. We must restore voters' faith in our mail system."
"There is nothing more precious in the Constitution than the sacred right to vote, and the law will not and cannot stand idly by when that right is infringed for political purposes," said Kenneth Chernof, partner at Arnold & Porter.
On August 7, Postmaster DeJoy announced a hiring freeze and a request for voluntary early retirement, effectively preventing the alleviation of existing staffing shortages resulting from the pandemic. In the week following that announcement, it came to light that USPS had begun removing mail sorting machines from postal distribution centers across the country, ultimately decommissioning 671 high-volume sorting machines--fully one-eighth of nationwide USPS capacity, together capable of sorting 21.4 million pieces of mail per hour. Internal USPS planning documents confirm that this targeted reduction in mail processing capacity included between a 20% and 40% reduction in the number of sorting machines located at facilities in the Great Lakes region, including significant reductions in Indiana. Also revealed was the removal of neighborhood mailboxes across the country which, combined with a reduction in hours at local post offices, may make it more difficult for individual voters to timely cast and place their ballots in the mail.
The lawsuit comes less than two weeks after DeJoy sacked or reassigned more than 30 members of the top leadership and managers at the USPS. The lawsuit also follows a statement issued by DeJoy earlier today promising to suspend further action.
The Arnold & Porter team included Kenneth Chernof, John Freedman, Allon Kedem, Doug Winthrop, Andrew Tutt, Daniel Jacobson, Lindsay Carson, Kaitlin Konkel, Ben Halbig, Stephen Wirth, Graham White, Leslie Bailey and Catherine McCarthy.
Read the lawsuit here.
The Lawyers' Committee is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to enlist the private bar's leadership and resources in combating racial discrimination and the resulting inequality of opportunity - work that continues to be vital today.
(202) 662-8600
"The financial industry aggressively markets DAFs for uncharitable reasons: advantages as tax avoidance vehicles, especially for complex assets; no payout requirements—and secrecy to donors and grantees alike," said one of the report's authors.
A new report released on this year's philanthropic holiday known as Giving Tuesday details how the "profit motives of the financial services sector have increasingly and disastrously warped how charitable giving functions."
The analysis by the Institute for Policy Studies—titled "Gilded Giving 2024: Saving Philanthropy from Wall Street"—shows how donor-advised funds (DAFs) increasingly serve the economic interests of donors and the Wall Street firms that manage the funds, rather than the interests of nonprofit charities.
Rather than donate to a cause directly, wealthy people have the option to donate to foundations or DAFs, which can be sponsored by for-profit wealth management firms like Fidelity Investments or Charles Schwab. Firms like Fidelity Investments, in turn, benefit from being able to offer this type of service to wealthy clients.
"At last count," according to the report's authors, "DAFs and foundations together take in 35 percent of all individual giving in the U.S." If they continue to grow at the rate they have for the past five years, they're expected to take in half of all individual giving in the country by 2028.
Why is this a problem? For one thing, according to the report, some of the money that's intended for donation is scraped up by the DAFs and foundations, meaning that dollars meant for a cause are diverted elsewhere.
"With each passing year, an additional 2 cents of each dollar donated by individuals is funneled into intermediaries and away from working charities. Assuming that their assets will grow at the same rate they have over the past five years, the assets held in DAFs and foundations will eclipse $2 trillion by 2026," according to the report's authors.
What's more, there is no requirement that DAFs disburse their assets, according to the report's authors—meaning there's no guarantee the money is given to charity, and in practice the money in these accounts tends to move slowly, often generating gains instead of being dispersed.
DAFs also facilitate anonymous giving, because donations from them need only be credited to their sponsors, not the original person directing the contribution, according to Inequality.org, a project of IPS.
The report's authors argue that DAFs are part of a wider “wealth defense industry” — tax lawyers, accountants, and wealth managers whose interests are more geared towards helping their clients increase assets, minimize taxes, maximize wealth transfer to descendants, and net some of those assets for themselves in the form of fees, as opposed to supporting charitable causes.
DAFS are used strategically in this way, for example, by giving donors the ability to dispose of noncash assets, according to the report. In practice, this means that DAF donors can give stocks, real estate and other noncash assets directly to DAFS when markets are doing well, meaning they are able to get income tax deductions from their contribution while side stepping paying capital gains tax on appreciation of those assets.
"The financial industry aggressively markets DAFs for uncharitable reasons: advantages as tax avoidance vehicles, especially for complex assets; no payout requirements—and secrecy to donors and grantees alike," said Chuck Collins, co-author of the report and director of the Charity Reform Initiative at IPS.
Other key insights from the study include:
"This rule would be a major win for the privacy rights of Americans and is the kind of bipartisan, commonsense action that should be protected and encouraged by politicians in both parties."
Considering billionaire entrepreneur Elon Musk's concerns about data privacy, advocates on Tuesday suggested he should welcome the Consumer Financial Protection Bureau's newly proposed rule that would stop data brokers from selling people's personal information.
"But they can't do it if you 'delete CFPB,'" grassroots group Demand Progress warned Musk in a post on social media, referring to his remark last week that the bureau is one of the "duplicative regulatory agencies" that he plans to dismantle as the head of a proposed government agency under President-elect Donald Trump.
Demand Progress applauded CFPB Director Rohit Chopra's announcement on Tuesday of a proposed rule that would limit the sale of personal information like Social Security numbers and phone numbers to ensure data brokers don't sell sensitive data to scammers.
Under the rule, the CFPB would clarify that when data brokers sell certain consumer data they are acting as "consumer reporting agencies" as defined by the Fair Credit Reporting Act (FCRA), which requires them to comply with accuracy requirements and maintain safeguards.
"Until now," said Demand Progress, "data brokers have been able to sell our personal information to the highest bidder—including scammers, blackmailers, and stalkers."
Emily Peterson-Cassin, corporate power director for Demand Progress Education Fund, said the agency "should be applauded for standing up to data brokers and working to rein in the sale of sensitive information about us, which can also end up in the hands of foreign governments."
"This groundbreaking rule offers a needed solution for Americans who are sick and tired of being inundated by scam texts, calls, and emails—often from fraudsters who have been able to buy our data for mere pennies," said Peterson-Cassin. "If finalized, this rule would be a major win for the privacy rights of Americans and is the kind of bipartisan, commonsense action that should be protected and encouraged by politicians in both parties."
Demand Progress was also among the groups that tied the announcement to a recent comment by Musk about a report that data brokers sell data about military personnel to unknown buyers for as little as 12 cents.
Musk called the report "concerning" in a Nov. 17 post on X.
"Good news, Elon!" said the organization, informing him of the proposed rule—before warning that Musk's own plan to gut the CFPB would embolden the very data brokers he expressed concern about.
"Guess which federal agency just proposed a rule cracking down on those data brokers selling the data of U.S. military personnel?" added the Electronic Privacy Information Center.
The CFPB said its proposal would also address other "critical threats from current data broker practices," including:
The CFPB introduced the rule after finding that "data brokers routinely sidestep the FCRA by claiming they aren't subject to its requirements."
U.S. Sen. Ron Wyden (D-Ore.), who for years has called on the CFPB to address the threats of data brokers, toldThe Washington Post that he has concerns the rule won't go into effect once Trump takes office.
"Unfortunately," said Wyden, "it will be up to Trump's CFPB to finalize this."
Bartlett Naylor, a financial policy advocate for Public Citizen, said the proposed protections would protect Americans from the $250 billion-per-year data sales business.
"All of us leave our financial fingerprints everywhere, every day, between credit card swipes, internet communications, and more. Thieves, loan sharks, stalkers, even foreign espionage agents can exploit gaping holes in credit reporting enforcement that the CFPB is rightly proposing to repair," said Naylor.
"A Republican-led congressional committee investigated this last year, a reminder that this isn't a partisan issue," Naylor added. "No one should side with data predators."
"Elon Musk's commission is a plot to destroy our Social Security by giving it to Wall Street executives—so that you get nothing and they get everything," warned one advocate.
A lengthy series of X posts attacking Social Security as a "nightmare" caught the attention of the platform's mega-billionaire owner, Elon Musk, who could soon take aim at the beloved New Deal program as co-chair of an advisory commission tasked with identifying federal spending to slash.
"Interesting thread," Musk, the world's richest man, wrote late Monday in response to the posts by Sen. Mike Lee (R-Utah), who once said he hopes to pull Social Security "up by the roots and get rid of it," along with Medicare and Medicaid.
In his new thread, Lee characterized Social Security—which lifts more Americans above the poverty line than any other federal program—as a "tax plan" insidiously disguised as a retirement plan and condemned the Social Security Act of 1935 as one of many "deceptive sales techniques the U.S. government has used on the American people."
Max Richtman, president and CEO of the National Committee to Preserve Social Security and Medicare (NCPSSM), replied Tuesday that Lee's posts amount to "a misrepresentation of Social Security's history and how the program works."
"There is nothing deceptive about Social Security. The social insurance program has been working just fine for nearly 90 years and has never missed a payment," said Richtman. "The kind of propaganda Sen. Lee posted undermines public support for Social Security, making it easier to cut or privatize the program. It is perhaps no coincidence that Sen. Lee's second-biggest campaign contributor by industry is the securities and investment sector."
"The money is ours, Mike Lee, Elon Musk, and Donald Trump. You're not going to get a penny of it."
Lee also claimed the federal government "routinely raids" the Social Security Trust Fund—a longstanding and misleading right-wing talking point.
Social Security Works (SSW), a progressive advocacy group, said Tuesday that by amplifying Lee's thread to his hundreds of millions of followers, Musk "just declared war on Social Security."
"For 89 years, through war and peace, boom time and bust, health and pandemics, Social Security has never missed a single payment," said Alex Lawson, SSW's executive director. "Compared to the risky alternatives on Wall Street, Social Security is a rock of retirement security. If billionaires like Elon Musk paid into Social Security at the same rate as the rest of us on all of their income, we could expand benefits for everyone and pay them in full forever."
"This is a declaration of war against seniors, people with disabilities, and the American public," Lawson said. "The Republicans are coming for your Social Security, which they call a 'nightmare.' Elon Musk's commission is a plot to destroy our Social Security by giving it to Wall Street executives—so that you get nothing and they get everything."
"We've seen this play again and again," he added. "When Republicans destroyed defined-benefit pension plans, they claimed that the market would be able to create amazing returns for everybody. Instead, workers got pennies, while Wall Street managers got billions. That is always the plan. We will defeat this Republican effort to steal our earned benefits. The money is ours, Mike Lee, Elon Musk, and Donald Trump. You're not going to get a penny of it."
Richard Fiesta, executive director of the Alliance for Retired Americans, similarly denounced Lee's thread and Musk's promotion of it, saying both "should enrage and concern every single American who has contributed to Social Security."
"Sen. Mike Lee has dreamed about 'phasing out Social Security' and the benefits generations of Americans have earned for more than a decade. His bad ideas have been rightfully ignored but last night he got a big assist from Elon Musk, who amplified Lee's wrongheaded views about Social Security on X."
"Social Security is a solemn promise between the American people and the government," Fiesta continued. "We pay for Social Security's guaranteed benefits with every paycheck and expect them to be there when we retire, lose a spouse or parent, or become disabled. No one voted to phase out Social Security or let Wall Street gamble with their earned benefits. Older Americans will rightly punish any politician who tries to cut their benefits or gut the system that has worked for generations."
On the campaign trail, President-elect Donald Trump pledged to defend Social Security while simultaneously pushing proposals that would wreck the program's finances.
Many Republican lawmakers, who are soon to be in the majority in both chambers of Congress, have called for raising the Social Security retirement age—a change that would cut benefits across the board. On Tuesday, Rep. Rich McCormick (R-Ga.) toldFox Business Network that "we're going to have to have some hard decisions" on Social Security, Medicaid, and Medicare—a euphemism for benefit cuts.
Richtman of NCPSSM said that the kind of attack advanced by Lee and other Republicans "conflicts with President Trump's promise not to tamper with Americans' earned benefits."
"It signals where Trump's MAGA allies in Congress are heading—toward privatization and benefit cuts, something the majority of Americans across party lines say they do not want," Richtman added.